How serious are your injuries?
Minor - fully recovered with minimal treatment
Moderate - needed some medical care, recovered within weeks
Significant - ongoing treatment, months to recover
Severe - permanent injury, disability, or disfigurement
What are your total damages (medical bills, lost wages, etc.)?
Under $5,000
$5,000 - $15,000
$15,000 - $50,000
Over $50,000
Is liability (fault) disputed?
No - the other party clearly caused the accident
Minor dispute - mostly their fault but some shared blame
Yes - they claim I'm partially or fully at fault
Complex - multiple parties, unclear fault, or hit and run
What is the insurance situation?
Other party has good insurance, communicating well
Insurance offered settlement but seems low
Insurance denied claim or disputes liability
No insurance, government entity involved, or multiple insurers
What type of accident/incident caused your injury?
Car accident - straightforward collision
Slip and fall or premises liability
Medical malpractice or professional negligence
Product defect, workplace injury, or wrongful death
How comfortable are you negotiating with insurance companies?
Very comfortable - I understand the process
Somewhat comfortable but could use guidance
Not comfortable - I don't know what my claim is worth
Already tried and it's not going well
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You May Be Able to Handle This Yourself
For minor injuries with clear liability and cooperative insurance, you may be able to settle directly. Document everything, understand your full damages, and don't accept the first offer. Use our demand letter templates to present a strong case.
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CA Insurance Help
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Legal Representation Strongly Recommended
Your injury claim has significant value or complexity that warrants professional representation. Personal injury lawyers work on contingency (no upfront cost), and studies show injured people receive 3.5x more on average with attorney help. Most consultations are free.
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Document Your Claim
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Consider a Legal Consultation
Your case has factors that could go either way. A consultation with a personal injury lawyer can help you understand your claim's value and whether representation makes sense. You'll learn what your case is worth.
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Personal Injury Claims in California
California personal injury law allows you to recover compensation when someone else's negligence causes you harm. Understanding when you need a lawyer versus when you can handle a claim yourself can make a significant difference in your outcome.
No Upfront Cost: Personal injury lawyers work on contingency - they only get paid if you win. Studies show represented plaintiffs receive 3.5x more on average than those who settle alone.
California Statutes of Limitation
| Claim Type |
Time Limit |
| Personal injury (general) |
2 years from injury |
| Car accident |
2 years from accident |
| Medical malpractice |
1 year from discovery (3 years max from injury) |
| Government entity claims |
6 months to file claim |
| Product liability |
2 years from injury |
| Wrongful death |
2 years from death |
Don't Wait: Evidence disappears, witnesses forget, and deadlines are strict. Even if you're unsure about hiring a lawyer, get a consultation early to preserve your rights and understand your options.
When to Definitely Hire a Lawyer
- Serious or permanent injuries
- High medical bills (over $10,000)
- Disputed liability - they say it's your fault
- Insurance bad faith - denial or lowball offers
- Multiple parties - complex liability
- Government entity involved - special procedures
- Medical malpractice - expert requirements
- Product defects - complex litigation
- Wrongful death - high stakes
When DIY May Work
- Minor injuries, fully recovered
- Clear liability, no disputes
- Cooperative insurance company
- Total damages under $10,000
- Simple property damage claims
- You're comfortable negotiating
Typical Personal Injury Lawyer Fees
| Stage |
Typical Contingency Fee |
| Pre-litigation settlement |
33% (one-third) |
| After lawsuit filed |
40% |
| Trial or arbitration |
40-45% |
| Appeal |
45-50% |
Costs (filing fees, expert witnesses, medical records) are advanced by the lawyer and deducted from settlement. If you lose, you typically owe nothing.
Types of Damages You Can Recover
- Economic Damages:
- Medical bills (past and future)
- Lost wages and earning capacity
- Property damage
- Out-of-pocket expenses
- Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Punitive Damages: For egregious conduct (rare)
California Comparative Fault
California uses "pure comparative negligence" - you can recover even if you're partially at fault, but your recovery is reduced by your percentage of fault. Example: If you're 20% at fault and damages are $100,000, you recover $80,000.
What Insurance Companies Don't Want You to Know
- First offers are almost always low - they expect negotiation
- Recorded statements can be used against you
- They may delay hoping you'll settle cheap
- Adjusters have settlement authority limits
- They know you have a deadline (statute of limitations)
- Hiring a lawyer often increases the offer significantly
Steps If You're Handling Your Own Claim
- Document everything: Photos, medical records, bills, lost wages
- Don't give recorded statements without understanding implications
- Wait until you've fully recovered to settle (you can't reopen)
- Calculate full damages including future costs and pain/suffering
- Send a professional demand letter
- Negotiate firmly - first offer is rarely best offer
- Get everything in writing
Specialized Injury Assessments
Helpful Resources
Related Demand Letter Generators